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      This is an appeal by the Secretary of State for the Home Department against the decision of First-tier Tribunal Judge Morgan to allow an appeal by Mohammad Mashurul Haque against their decision, dated the 10 th November 2022, to refuse his human rights claim. For ease of exposition, I shall refer to the parties in accordance with their status before the First-tier Tribunal; that is to say, Mohammed Masharul Haque as 'the appellant', and the Secretary of State as 'the respondent'.
      I do not make an anonymity order. No such order was made by the First-tier Tribunal, and it would thus serve no useful purpose to make an anonymity order at this stage. I am not in any event satisfied that there is an applicable exception to the general rule of 'open justice'.
      The judge records that the respondent did not attend the hearing before the Tribunal without referring to any reason that may have been given for their absence. However Ms Everett did not suggest that the Tribunal had acted unfairly by proceeding in their absence.
      The judge then set out their conclusions at paragraphs 7 and 8 -
In summary I find that the respondent has not demonstrated to the requisite standard that the appellant's English language test certificate, relied upon in the application for student leave was fraudulently obtained by the use of proxy test taker.
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Common Room
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